PM’s adviser can’t be the one to decide whether Canadians need a public inquiry By: Tom Brodbeck Posted: 7:00 PM CDT Tuesday, May. 23, 2023

David Johnston flattered himself Tuesday when he released his long-awaited recommendation on whether a public inquiry should be held into allegations of foreign interference in Canada’s elections.

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David Johnston flattered himself Tuesday when he released his long-awaited recommendation on whether a public inquiry should be held into allegations of foreign interference in Canada’s elections.

Johnston, a former Canadian governor general, said the country doesn’t need a public inquiry because he’s looked at all the evidence — none of which he can share with the public — and concluded Prime Minister Justin Trudeau did nothing wrong and that most of the related media reports were either inaccurate or “misconstrued.”

A public inquiry would only replicate the work he’s already done, Johnston wrote. According to him, it would “not advance the goals of transparency or trust any further than I have taken them.”

Actually, he’s dead wrong.

Johnston is not an independent commissioner. He is an adviser to the prime minister. Whether he’s been friendly with the Trudeau family over the the years, or has a history with the Pierre Elliott Trudeau Foundation, is largely immaterial.

SEAN KILPATRICK / THE CANADIAN PRESS
David Johnston, a former Canadian governor general, released his long-awaited recommendation Tuesday on whether a public inquiry should be held into allegations of foreign interference in Canada’s elections.

Johnston dispelled allegations during Tuesday’s news conference that he has close ties to the prime minister. But it hardly matters. What’s important is that Johnston is not an independent arbiter. He was hired to provide cabinet with recommendations. As such, almost everything he says, writes and concludes has to be taken with a grain of salt. His findings on any aspect of foreign interference cannot be the final word.

It has nothing to do with the former governor general personally, nor does it speak to his qualifications. It has to do with the fact his job is to provide advice to government and to shield the prime minister and cabinet from criticism.

At no time during Tuesday’s news conference, and nowhere in his report, does Johnston even mildly criticize the actions of the prime minister. He cleared Trudeau and his cabinet of any wrongdoing, not only in response to allegations of ethical breaches or partisan-motivated actions, but in all decisions around reports of foreign interference.

At no time during Tuesday’s news conference, and nowhere in his report, does Johnston even mildly criticize the actions of the prime minister.

There may be problems with how the “machinery of government” handles and processes intelligence and classified information, Johnston wrote. But neither the prime minister nor cabinet is to blame for that, he said. Trudeau’s handling of all allegations, reports and accusations around foreign interference in elections is essentially beyond reproach, according to Johnston’s report.

Obviously, Canadians deserve a more impartial examination of the facts.

Johnston also lamented that the foreign interference issue has become bogged down in partisanship. He said national security is too important to be exploited for political gain.

“There has been too much posturing, and ignoring facts in favour of slogans, from all parties,” wrote Johnston. “And many of those slogans turned out to be wrong.” However, when asked during the news conference if that criticism applied to the Liberal party, Johnston claimed not to understand the question.

A reporter clarified that the statement was in the report and asked again: “Did the Liberal government do this, as well?”

SEAN KILPATRICK / THE CANADIAN PRESS
David Johnston is not an independent commissioner. He is an adviser to the prime minister.

Johnston didn’t answer. Instead, he started talking about how it’s important not to draw conclusions based on narrow bits of information. He dodged the question. It was telling.

Throughout the entire news conference, Johnston went out of his way to deflect criticism away from the Liberal government. That’s not entirely surprising given his role as a government adviser.

However, that’s not what Canadians need right now. What they need is an independent commissioner and a public inquiry under the Evidence Act to get to the bottom of the foreign interference threatening Canadian elections.

Johnston claims such a probe would be largely useless because it would have to be conducted almost entirely behind closed doors, owing to the sensitive information involved. That is simply not true. Obviously, there are classified documents and matters of national security that could not be made public. But it’s not up to a government adviser such as Johnston to determine what can and cannot be de-classified, nor who can be cross-examined under oath in a public forum. That should be up to an independent commissioner of inquiry, usually a retired judge, with the advice of commission counsel.

Johnston’s advice not to call a public inquiry into foreign interference is just that: advice. It’s not binding. The decision still rests with Trudeau. His decision to follow Johnston’s recommendation is not only the wrong one, it may be the final nail in his political coffin.

tom.brodbeck@freepress.mb.ca